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Judgment
7 paragraphs · 237 wordsPankaj Purohit, J
By means of this writ petition, the petitioner has challenged the order dated 13.09.2024, passed by respondent no.2-Excise Commissioner in Excise Appeal No.6 of 2024 where by the appeal of the petitioner has been dismissed.
It is case of the petitioner that the petitioner has challenged the order dated 22.07.2024, passed by respondent no.3-District Magistrate, Udham Singh Nagar, whereby the District Magistrate, Udham Singh Nagar directed the petitioner to move his liquor shop from Dharampur Chauraha to Gulargoji road at Kelakhera.
Feeling aggrieved by the aforesaid order dated 22.07.2024, the petitioner preferred an appeal under Section 11(1) of the Excise Act, 1910 (hereinafter referred to as “Act of 1910”) and the appeal is accordingly dismissed as stated above vide order dated 13.09.2024.
A preliminary objection has been raised from the side of the State that the order passed by the Appellate Authority can be questioned by filing a revision petition under Section 11(2) of Act of 1910.
In view of the matter, the petitioner is relegated to file the revision before the State Authority under Section 11(2) of the Act of 1910. If such a revision petition is filed by the petitioner within a period of seven days from today (03.10.2024), the stay application of the petitioner shall be considered expeditiously. Till then impugned order dated 13.09.2024 shall be kept in abeyance.
Accordingly the writ petition stands disposed-off.